Apple is taking more heat for the extremely popular iPod Nano, again over the easily-scratched cover. This time, a lawsuit has been filed, not for defective merchandise but for violating consumer protection statutes and "express and implied warranties". Essentially, people are claiming that Apple has known about the issue since day one and that they did not alter their manufacturing process to amend this. Apple has offered to replace Nanos that are damaged in the past, and still is. That isn't good enough for some people, though.
"The amount and durability of the resin applied as a protective coating during the Nano manufacturing process is clearly defective in that it is not sufficient to adequately protect the face of the Nano from extreme scratching and ultimately irreparable damage,"
Replacing it may not solve the problem - it might just get scratched again. Then again, if I owned a Nano I'd probably want to buy a carrying case for it anyways. Even a cheap $20 2.5" hard drive adapter is worthy of a carrying case to tuck it in. Many people claim the Nano is just fine, and that it is the fault of the person for not protecting it. In any case, with more than 17 million Nanos out there, people are loving them and still buying them.